North Carolina 2023-2024 Regular Session

North Carolina Senate Bill S380

Introduced
3/28/23  

Caption

Physician Passive Income Prohibited

Impact

If enacted, the bill would introduce significant changes to the regulations governing interactions between physicians and nurse practitioners/nurse midwives. Specifically, it amends existing laws to classify violations of these provisions as Class 2 misdemeanors, which are punishable by fines up to $5,000 for repeat offenses. This change not only tightens the regulatory framework but also signals to healthcare professionals that compliance is not optional and that there are serious consequences for non-compliance, effectively reshaping the financial relationship inherent in supervisory roles.

Summary

Senate Bill 380, titled 'Physician Passive Income Prohibited', aims to prohibit physicians from receiving any form of passive income derived from supervision agreements and collaborative practice agreements with certified nurse midwives and nurse practitioners. The intention behind this bill is to ensure that physicians cannot financially benefit merely from the existence of these agreements without actively engaging in the collaborative practices defined by the law. This bill reflects a growing trend towards enhancing the accountability and integrity of the healthcare profession in North Carolina.

Sentiment

Overall, sentiments regarding SB 380 appear mixed. Advocates for the bill argue that it promotes ethical practices within the healthcare sector by dismantling potential avenues for exploitation in supervisory roles. They believe it enhances patient care by ensuring that all parties involved in collaborative practice genuinely engage in their roles. However, there is concern among some professionals who fear that the restrictions could limit the collaborative working relationships that are vital for effective patient care, potentially leading to a shortage of available supervisors for nurse practitioners and midwives.

Contention

Notable points of contention include debates around the implications for existing practice models in North Carolina. Critics of SB 380 express concern that the bill may create barriers to collaborative practices, diminishing the clinical training opportunities for nurse practitioners and midwives, which could ultimately affect service delivery to patients. Moreover, the enforcement mechanisms and penalties for violations of the provisions are contentious, as some argue they might deter physicians from supervising new practitioners entirely, leading to accessibility issues in healthcare services across the state.

Companion Bills

No companion bills found.

Previously Filed As

NC S673

Protect Physicians Voices/Freedom of Movement

NC H672

Physician Assist. Omnibus/Team-based/Compact

NC H47

Disaster Recovery Act of 2025 - Part I

NC H654

Pharmacists/Vaccine Admin./Test and Treat

NC H67

Healthcare Workforce Reforms

NC H712

PREP Act/Pharmacists

NC S345

PA Team-Based Practice

NC S48

Repeal Certificate of Need Laws

NC H107

Repeal Certificate of Need Laws

NC H316

Respiratory Care Modernization Act

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